Legal Question in Civil Litigation in California

Please assume these facts: Person A has been personally served in Illinois with a deposition subpoena in connection with a civil case pending in that state. She is not a party to the Illinois litigation but is a fact witness. She is a resident of California and has returned to Calif. pending her deposition. Under Ill. court rules, the deposing party must pay her a mileage fee for her to travel back to Ill to be deposed there. In the alternative, Ill rules permit her deposition to be taken in Calif.

The question is this: If the deposition of A is taken while A is in Calif, what state's procedural rules will govern the manner in which the deposition is taken? Under Calif's Code of Civil Procedure, a new civil case would have to be opened in Calif. for the sole purpose of taking the deposition and Calif rules and laws would govern the procedure of the deposition, even though substantively the deposition would be part of the Ill case.

Assume that A has no objection to having her deposition taken. But the deposing party for unknown reasons has not offered to pay her mileage fee to travel back to Ill.


Asked on 9/15/16, 10:51 am

1 Answer from Attorneys

You can't open a case in California just to take a deposition. It's an Illinois case; Illinois law applies. The only exception would be issuance of a subpoena if needed. There is a procedure for applying to the CA courts to issue a subpoena under California law in service of Illinois law that would be binding in California.

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Answered on 9/19/16, 10:48 am


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